EB-3 Other Workers

AII Law represents domestic employers and foreign workers seeking visas through the “other workers” category under the EB-3 classification.

“Other workers” hold positions in which they less skilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, and for which qualified workers are not available in the United States.

To an employer to sponsor an employee for such a visa, the employer must undertake several steps to obtain an approved, individual labor certification from the Department of Labor on Form ETA-9089. This form confirms a lack of domestic workers to fill the position to be filled. The employer must conduct a test of the domestic labor market before it can sponsor individual workers by advertising the position locally ia a newspaper advertisement  and with the state workforce authority, as well as posting notice of the DOL application to be filed.

Upon securing the Form ETA-9089, the employer and employee file Form I-140 with the USCIS along with additional documentation about the business.

After I-140 approval, the employee undergoes a background check by the Department of State before being issued an immigrant visa, allowing the employee to enter the United States and begin work for the employer.

Individuals currently in the United States in Temporary Protected Status (TPS) can benefit greatly from this program, because employer sponsorship can pave the way to permanent residency in the United States for the worker and their family members.

AII represents employers across the country in a wide range of fields, including janitorial, home health care, shipping/warehousing and maintenance, among others. If you are interested in working with AII, either as an employer or a prospective employee, please contact us to discuss your options.